Outline V1

(1) Many state statutes significantly reduce the SoL period w/ color of title.

(2) AP w/ color of title who successfully proves an adverse possession claim based on actual possession of a part of the tract described in the document constituting color of title is deemed to be in constructive possession of the whole tract.

While paying taxes helps establish actual possession, unless applicable adverse possession statute requires payment of taxes as an essential element, an adverse possessor is not required to pay taxes and, in fact, may claim adverse possession even though the true owner pays the taxes.

Selling the land, mortgaging it, or renting it to others could constitute actual possession.

AP bears the burden of proving the boundaries to the land used adversely.

Assuming she can prove the other elements, she may claim only the ten-foot strip she entered in Year 1.

If she can't identify the boundaries of this, a court may rule she can't prove actual possession of any of the land for the requisite period.

B/c Judy has color of title, she's adversely possessed all 500 acres described in her deed, not just the five acres she actually possessed.

After the SoL period has passed, Judy may claim only the five acres she actually possessed.

- Adverse possessor occupying one lot has constructive possession of several lots conveyed separately if all are enclosed as a unit.
- Reaches several lots conveyed in one document even lots separately described in the deed.
- If deed describes multiple lots—some occupied, some not—constructive possession extends to lots that don't adjoin occupied land.

(1) Must be created at same time and by same instrument that creates prior estates
(2) May never follow a fee simple defeasible
(3) May never cut short the prior estate(s)
(4) There can't be a time gap between termination of prior estate and remainder

- "until",
- "so long as",
- "during",
- "Upon the happening of [stated event] the land is to revert back to the grantor"

- An agreement that legally restricts the owner from engaging in certain defined uses of the land
- violation doesn't result in forefeiture, but subjects the landowner to action for damages or injunction forcing future compliance with restriction.

- Statute doesn't start to run until O takes action (suing A).

- Statute starts to run when condition breaks (as w/ FSD)

Yes

- Courts hate forfeiting land unless the grantor's intention to create a defeasance is manifestly clear
- A defeasible fee simple estate may be more difficult to sell, lease or mortgage because of risk the title will be lost upon breach of the limitation or condition.

Fee Simple Absolute

In all states, the statute of limitations begins to run against O at the time the condition was broken

(1) Contingent Remainder = Unborn or unascertainable, such as "heirs" or children.
(2) A Vested Interested = Ascertainable
(3) Contingent Remainder = Subject to a Condition Precedent, (usually survival).

- Alienable, devisable, & descendible
- "as long as" ; "while" ; "during" ; "but if"
- Contains a condition and followed by a shifting exectury interest in 3rd party
- Automatically terminates so SOL starts when broken.

- A's estate has fee simple subject to an executory limitation
- B's future interest is: Shifting executory interest, Subject to the rule against perpetuities.
- O has nothing

- Future Interest following a life estate created in a grantee/transferee, that follows the natural end of the previous owner.

(1) Possibility of Reverter
(2) Power of termination (right of entry or reentry)

- Possibility of Reverter follows a determinable estate (fee simple, life estate, term for years)
- Power of termination (right of entry or reentry) follows an estate subject to a condition.

(1) They follow a fee simple defeasible
(2) They are able to cut short a prior estate or interest
(3) They follow a time gap.

- "as long as"
- "while"
- "during"
- "but if"

- Shifting divests transferee's interest.
- Springing divests transferor's interest.

- Need one for the future interest to be valid under RaP
- Validating life must've been in existence when future interest was created.
- Validating life must be relevant to vesting/failing of interest.

Divests the estate or interest of a transferee.

(1) FSD: Clock starts running after estate ends if GE retains possession.
(2) FSCS: Clock only starts running after forfeiture claimT/failed attempt to re-enter.

- If you hold a possibility of reverter, it's not guaranteed the property will revert back b/c the condition triggering it may not happen.
- A reversion is guaranteed to happen when the lesser estate naturally terminates.

Yes, a reversion is alienable, devisable, descendible.

Yes, indefeasibly vested remainders are alienable, devisable, and descendible.

A future interest that's retained by the GR after the conveyance of an estate of a lesser quantum than he has (such as fee simple granting a life estate or a leasehold).

- (a) If owner of a homestead dies leaving a surviving spouse, but no kids, and surviving spouse has no separate homestead in their own right, the homestead shall be exempt, and the rents and profits thereof shall vest in the surviving spouse during his or her natural life.
- (b) However, if owner leaves one (1) or more kids, the kids shall share w/ surviving spouse and entitled to one-half (1/2) the rents and profits till each of them are 21, each child's right to cease at 21, and the shares to go to the younger children and the all to go to the surviving spouse. The surviving spouse or children may reside on the homestead or not.
c. In case of the death of the surviving spouse, all of the homestead shall be vested in the minor children of the original homestead owner.
d. Marriage of one (1) year required.

Neither spouse can convey individually, and creditor of one cannot levy against tenancy including right of survivorship.

Such conveyances are VOID.

- Either spouse can convey his/her 1/2 interest in rents/profits and survivorship right, but cannot encumber other spouse's interest in rents/profits or survivorship right
- Creditor can levy against anything a person can convey.

Yes

(1) To children of the intestate and the descendants of each child of intestate who may have predeceased the intestate. Children and decedents will take per capita of per stirpes according to §§ 28-9-204 and 28-9-205;
(2) If intestate is survived by no descendant, to intestate's surviving spouse unless intestate and surviving spouse had been continously married less than three (3) years next preceding the death of the intestate, in which event surviving spouse will take merely fifty percent (50%) of intestate's heritable estate;
(3) If intestate is survived by no descendant or spouse, to intestate's surviving parents, sharing equally, or to the sole surviving parent if only one (1) of them shall be living;

(a) The surviving spouse shall be endowed of the third part of all the lands for life whereof his or her spouse was seized, of an estate of inheritance, at any time during the marriage, unless the endowment shall have been relinquished in legal form

(b) A person shall have a dower or curtesy right in lands sold in the lifetime of his or her spouse without consent of the spouse in legal form against all creditors of the estate.

(a) Heirs may inherit every right, title, and interest not terminated by the intestate's death in real or personal property owned by an interstate at the time of the intestate's death and not disposed of by will.

(b) The rights of heirs will be subject to:
(1) The dower or curtesy of the intestate's surviving spouse
(2) The homestead rights of the surviving spouse and children of the intestate, including the quarantine rights of the surviving spouse
(3) All statutory rights and allowances to the surviving spouse and minor children
(4) Any rights of a serving spouse in respect to income tax refunds made pursuant to a joint federal income tax return

(b) The rights of heirs will be subject to:

(1) The dower or curtesy of the intestate's surviving spouse
(2) The homestead rights of the surviving spouse and children of the intestate, including the quarantine rights of the surviving spouse
(3) All statutory rights and allowances to the surviving spouse and minor children
(4) Any rights of a serving spouse in respect to income tax refunds made pursuant to a joint federal income tax return

If decedent survived by children, life estate in 1/3 of real property, same as against creditors–kids will take the rest, depending on what’s owed to creditors If decedent not survived by kids, 1/2 of all property, 1/3 as against creditors.

- To Spouse and/or minor kids –or “head of household” – can be divorced
- Maximum 80 acres in the country
- Maximum 1/4 acre in town
- Homestead is a life estate for spouse or right of kids to occupy until they turn 21
- Spouse plus kids-share till kids turn 21
- Conveyance of homestead without spouse’s signature is void

Same as the limitations of Dower/Curtesy If intestate, also with respect to creditors. However, what is left over and doesn’t go to the spouse or creditors will pass under the will.

If land sold without consent of surviving spouse, and seller spouse dies within seven years–dower/curtesy value of interest is a lien on the property–amount depends on whether surviving kids, or not–but kids themselves get nothing.

- Share when decedent survived by Child(ren)

- A life estate in one-third. Can be marked off. W would receive income from crops while alive. After death, goes to H's issue (son)

- Or, if property is sold W receives her share commuted to present day value. [You will not be tested on the calculation of commutation to present value.]

- H owns 150 acres FSA
- Unless\/until partition, holds 1/2 undivided interest as tenant in common with heirs
- May own all if married long enough, because will take heritable estate as well.
- All you need to know is dower/curtesy share

- W has a lien for the value of her dower interest (1/2 in fee simple absolute) of the land. The title insurance company will pay her. It may be able to recover from H's estate.

- X would be liable for her dower interest.

No, disabiities cannot be tacked.

- SoL won't run against a true owner who was incapacitated at the time AP moves on the property.

- Typical disabilities are: Prison, Incapacitaded, Insanity, Child, Minor

(1) Hot and cold running water;
(2) Electricity
(3) Potable drinking water
(4) Sanitary plumbing and sewage that conforms to code in existence at installation
(5) Fnctioning roof and building envelope
(6) HVAC as it was at the time the landlord and tenant entered into lease.

Tenant is entitled to deliver written notice of the noncompliance to the landlord by certified mail or any other method provided by the lease or rental agreement and shall specify the acts and omissions.
(2) Landlord has thirty days of receipt to remedy
(3) Otherwise tenant has to terminate the lease w/out penalty and receive a refund for security deposit.

Only future rent after notice of termination.

Liable for past rent.

- Largest estate w/ infinite present possessory interest
- Right to possess, use, exclude, encumber, and alienate property.
- Alienable, devisable, descendible.
- No other future interests

- Owned by a life tenant who continues on in possession instead of Fee Simple Absolute

- Conveys an ownership interest that is limited to the life of the person holding it.

Law of adverse possession is a synthesis of statutory and decisional law.

- Continuing to run the SoL clock after change in possession, but only if there's privity between them.

- The time of two different APs placed together only if there's privity between them.

- Allows minor and incapacitated title holders to extend the required Statutory Period until the minor has reached the age of majority or incapacity ceases to be an issue.
- Effectively extends time requirements beyond the Statutory Period.
- Disability at the time AP begins
- Cannot tack disabilities
- Minority, incapacity, imprisonment, military service.

Only in a few states.

- Majority: disability must be present when adverse possession begins. Tacking is not allowed

- Minority: Tacking is allowed. More time after disability ends to bring suit. (AR = 3 years)

- If you make an honest mistake, and build on someone else's land, they own whatever added.
- Court will rarely grant a forced conveyance.
- Court may grant some relief to someone who mistakenly builds on someone's property to prevent unjust enrichment, usually damages.

Whatever is affixed to the land becomes part of the land.

- Personal property that is added to real estate in such a way that it becomes part of the real estate

Three Part Test (TIPA):
(1) Type of fixture is appropriately applied for its use as connected to realty.
(2) Intent of party installing chattel.
(3) Partie's relationship
(4) has the item been Annexed to the realty?

Boundary disputes may be resolved by the doctrines of agreed boundaries, estoppel, and acquiescence.

- Party whose rights are to be barred must've silently looked on with knowledge of the true line while the other party encroached on the property or subjected himself to expense which he would not have incurred had the line been in dispute.

- You have someone who makes an assertion and someone else relies on it.
- Court will uphold it.